Surrey County Council (24 004 825)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 28 Aug 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint about the Council’s failure to secure the special educational needs provision set out in her daughter’s Education Health and Care Plan. This is because Mrs X has lodged proceedings against the Council at the High Court about the matter.
The complaint
- The complainant, Mrs X, complains the Council failed to put in place the provision required for her daughter’s special educational needs, as set out in her Education Health and Care (EHC) Plan.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court but cannot investigate if the person has already been to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council about its failure to provide the additional help and support her daughter required under her EHC Plan in December 2023. She was not satisfied with the Council’s response so issued Judicial Review proceedings against it in the High Court.
- Mrs X and the Council agreed to place a hold on the proceedings but Mrs X says the Council failed to comply with the terms agreed, which involved the Council putting in place the provision set out in the EHC Plan.
- Because Mrs X has started proceedings against the Council at court we have no jurisdiction to investigate her complaint. If the Council has failed to take the action agreed Mrs X may wish to consider whether to take the matter back to court.
Final decision
- We cannot investigate this complaint. This is because it concerns an issue Mrs X has previously taken court action about.
Investigator's decision on behalf of the Ombudsman